Rule 40-10-1-.22 - Records, Registration, and Reports(1) Records required to be kept: (a) Every person (including every firm or corporation) within any of the classes specified in subparagraph 1., 2., or 3. of this paragraph is required by the Act to keep records which will fully and correctly disclose all transactions involved in his or its business subject to the Act:1. Any person that engages, for commerce, in the business of slaughtering any cattle, sheep, swine, goats, horses, mules, or other equines, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food;2. Any person that engages in the business of buying or selling (as a meat broker, wholesaler or otherwise), or transporting in commerce, or storing in, or for commerce, or importing, any carcasses, or parts or products of carcasses, of any such animals:3. Any person that engages in business, or for commerce, as a renderer, or engages in the business of buying, selling, or transporting, in commerce, or importing, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter.(b) The required records are: 1. Records, such as bills of sale, invoices, bills of lading, and receiving and shipping papers, giving the following information with respect to each transaction in which any livestock or carcass, part thereof, meat or meat food product is purchased, sold, shipped, received, transported, or otherwise handled by said person in connection with any business subject to the Act:(i) The name or description of the livestock or article;(ii) The net weight of the livestock or article;(iii) The number of shipping containers (if any);(iv) The name and address of the buyer of livestock or articles sold by such person; and the name and address of the seller of livestock or articles purchased by such person:(v) The name and address of the consignee or receiver (if other than the buyer);(vi) The method of shipment;(vii) The date of shipment; and(viii) The name and address of the carrier.3. All information relating to consumer complaints received by the person required to keep the records, concerning article prepared under Federal or state inspection handled by him.(2) Place of maintenance of records. Every person engaged in any business described in 40-10-1-.21(1) and required by this part to keep records shall maintain such records at the place where such business is conducted except that if such person conducts such business at multiple locations, he may maintain such records at his headquarters' office. When not in actual use, all such records shall be kept in a safe place at the prescribed location in accordance with good commercial practices.(3) Record retention period. Every record required to be maintained under this part shall be retained for a period of 2 years after December 31 of the year in which the transaction to which the record relates has occurred and for such further period as the Commissioner may require for purposes of any investigation or litigation under the Act, by written notice to the person required to keep such records under this part.(4) Access to and inspection of records, facilities, and inventory; copying and sampling. Every person (including every firm or corporation) within any of the classes specified shall upon proper identification and request by any authorized representative of the Commissioner during ordinary business hours, permit such representative to enter his or its place of business and examine the records required to be kept and the facilities and inventory pertaining to the business of such person subject to the Act, and to copy all such records, and to take reasonable samples of the inventory upon payment of the fair market value therefor. Any necessary facilities (other than reproduction equipment) for such examination and copying of records and for such examination and sampling of inventory shall be afforded to authorized representatives of the Commissioner by such person.(5) Registration: (a) Except as provided in paragraph (c) of this section, every person that engages in business, in or for commerce as a meat broker, renderer, or animal food manufacturer or engages in business in commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any livestock, whether intended for human food or other purposes, or engages in business as a public warehouseman storing any such articles in or for commerce or engages in the business of buying, selling, or transporting in commerce, or importing any dead, dying, disabled, or diseased livestock or parts of the carcasses of any such livestock that died otherwise than by slaughter, shall furnish the Commissioner such information as required including his name, and the address of each place of business at which, and all trade names under which he conducts such business, by filing with the Commissioner a form containing such information within 90 days after the effective date hereof or after such later date as he begins to engage in such business if not engaged therein upon said effective date. All information submitted shall be current and correct. The registration form shall be obtained from the Georgia Meat Inspection Section, Georgia Department of Agriculture, 19 Martin Luther King Blvd., Atlanta, Georgia 30334;(b) Whenever any change is made in the name of, or address of any place of business at which, or any trade name under which a registrant conducts his business, he shall report such change in writing to the Commissioner within 15 days after making the change;(c) The registration requirements prescribed in this section shall not apply to persons conducting any of the businesses specified in this section only at an official establishment.(6) Information and reports required from official establishment operators: (a) The operator of each official establishment shall furnish to Program employees accurate information as to all matters needed by them for making their daily reports of the amount of products prepared or handled in the departments of the establishment to which they are assigned and such reports concerning sanitation and other aspects of the operations of the establishment and the conduct of inspection thereat as the officer in charge may require of such Program employees for the purposes of the Act and the regulations in this chapter;(b) The operator of each official establishment shall also make such other reports as the Commissioner may from time to time require under the Act.(7) Reports by consignees of allegedly adulterated or misbranded products; sale or transportation as violations. Whenever the consignee of any product which bears an official inspection legend refuses to accept delivery of such product on the grounds that it is adulterated or misbranded, the consignee shall notify the Commissioner of the kind, quantity, source, and present location of the product and the respects in which it is alleged to be adulterated or misbranded, and it will be a violation of the Act for any person to sell or transport, or offer for sale or transportation, or receive for transportation, in commerce, any such product which is capable of use as human food and is proved to be adulterated or misbranded at the time of such sale, transportation, offer, or receipt; Provided, however, that any such allegedly adulterated or misbranded product may be transported to the official establishment from which it had been transported in accordance with this chapter.Ga. Comp. R. & Regs. R. 40-10-1-.22
O.C.G.A. Secs. 26-2-60, 26-2-80.
Original Rule entitled "Illegal Products" adopted. F. and eff. June 30, 1965.Amended: ER. 40-10-1-0.3-.22 reserved rule. F. and eff. August 24, 1970, the date of adoption.Amended: Permanent Rule adopted. Rule reserved. F. Dec. 17, 1970; eff. Jan. 6, 1971.Amended: New Rule entitled "Records, Registrations and Reports" adopted. F. July 21, 1997; eff. August 11, 1997.Repealed: New Rule of same title adopted. F. Jan. 15, 2004; eff. Feb. 4, 2004.Repealed: New Rule of same title adopted. F. Dec. 17, 2008; eff. Jan. 6, 2009.